Area of ​​Serra do Curral that Tamisa intends to mine. Lucas Franco / TV Globo The Federal Supreme Court (STF) kept the environmental licenses granted for the Taquaril Mineração S.A. (Tamisa) mining project in Serra do Curral, in Belo Horizonte, suspended. In a decision published this week, Minister Dias Toffoli denied proceeding with the appeal presented by the State of Minas Gerais, which attempted to reverse a previous decision of the Federal Court in favor of the Manzo Nzungho Kaiango Quilombola Community and the Federal Public Ministry (MPF) (remember the case below). With the decision, published last Wednesday (10), the Preliminary License and the Installation License for the Serra do Taquaril Mining Complex, approved by the State Environmental Policy Council (Copam), continue to be suspended until the Free, Free and Informed Prior Consultation with the quilombola community is carried out, as provided for in Convention No. 169 of the International Labor Organization (ILO). When analyzing the case, Toffoli understood that the appeal could not be examined by the STF because the contested decision is provisional in nature. The minister applied the Court's consolidated understanding according to which there is no extraordinary appeal against preliminary decisions, since the main case has not yet been definitively judged by the lower courts. Court suspends Thames activities in Serra do Curral Understand the case The legal dispute began after the environmental licensing process for the Serra do Taquaril Mining Complex, initiated by Tamisa with the Government of Minas in 2020. The MPF maintains that mining activity directly affects the Manzo Nzungho Kaiango Quilombola Community, recognized by the Palmares Cultural Foundation since 2007 and registered as intangible cultural heritage of Belo Horizonte in 2017 and the State of Minas Gerais in 2018. According to heritage protection bodies, Mata da Baleia, located in the Serra do Curral region, has religious and cultural importance for the community, being used in rituals, traditional practices and collection of herbs linked to Candomblé. Despite this, environmental licensing was granted without specific consultation with quilombolas. The State considered, based on the studies presented during the process, that there would be no impacts on traditional communities. In 2022, the MPF filed a public civil action asking for the suspension of the licenses. Initially, the request was denied by the Federal Court in Belo Horizonte. However, in December of that year, the Federal Regional Court of the 6th Region (TRF-6) reversed the decision and ordered the immediate suspension of environmental licenses. On the occasion, judge Álvaro Ricardo de Souza Cruz highlighted that prior consultation with quilombola communities is mandatory when there is a possibility of direct impact on their ways of life and traditions. The judge also pointed out that the public hearing held during licensing does not replace the specific consultation provided for in ILO Convention No. 169. The court also considered that the area planned for mining is less than 2.5 kilometers from the community and that Mata da Baleia, located approximately 300 meters from the project area, is part of the cultural and religious universe of the quilombo. According to the ruling, anthropological studies presented in the process indicate potential impact on the spiritual and cultural experience of residents. Suspension was maintained in the second instance In August 2023, the Third Panel of the TRF-6 confirmed, by majority vote, the suspension of environmental licenses. The judges accepted the MPF's arguments that the lack of prior consultation made environmental licensing irregular. The court also reinforced that holding public hearings open to the population does not replace specific consultation with traditional communities potentially affected by the project. Current situation With the STF's decision, the TRF-6 determination that suspended the licensing of the Serra do Taquaril Mining Complex remains valid. The main case continues to be processed in Federal Court. Until there is a definitive judgment or a Prior, Free and Informed Consultation with the Manzo Nzungho Kaiango Quilombola Community is carried out, the environmental licenses remain suspended and the project cannot move forward. Most watched videos from g1 MG